Howard L. Burris, Sr. and Barbara J. Burris - Page 11




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          failed to provide evidence upon which we can make a rational                
          estimate.  See Vanicek v. Commissioner, supra.  We sustain                  
          respondent’s determination on this issue.                                   
               3.  Legal and Professional Fees                                        
               Petitioners deducted $73,232 in 1990, $42,228 in 1991, and             
          $33,733 in 1993 for legal fees.  Generally, legal fees may be               
          deductible under section 162(a) if they are connected to a                  
          taxpayer’s trade or business.  See Guill v. Commissioner, 112               
          T.C. 325, 328-329 (1999); Davis v. Commissioner, T.C. Memo. 1999-           
          250.                                                                        
               Petitioner generally testified that he incurred more than              
          $32,000 in legal fees in connection with his consulting work for            
          the Federal Reserve Board.  Petitioner did not provide any                  
          additional details regarding the legal fees, such as the dates,             
          attorneys retained, and how the legal expenses were incurred in             
          his trade or business.9  Petitioner also did not produce                    
          documents at trial to establish that he incurred these expenses.            
          We are unable to estimate an amount for legal fees because                  
          petitioner failed to provide evidence upon which we can make a              
          rational estimate.  See Vanicek v. Commissioner, supra.  We hold            
          for respondent on this issue.                                               



               9    Petitioner’s testimony as to the legal fees was so                
          vague that we do not know the year or years in which petitioner             
          incurred the $32,000.                                                       





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